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Where the Court is satisfied that a confiscation order should be made in respect of the property of a person convicted of a serious offence but the property or a part of the property or interest in the property cannot be made subject to that order and, in particular, the property

(a) is transferred to a third party in circumstances that do not give rise to a reasonable inference that the title or interest was transferred to avoid the confiscation of the property,

(b) is substantially diminished in value or rendered worthless, or

(c) has been co-mingled with other property that cannot be divided without difficulty,

the court shall order the person to pay to the Republic an amount assessed by an accredited valuation officer to be equal to the value of the property instead of the confiscation.